Whenever a driver sustains injuries in an accident caused by another driver, the injured driver has the right to pursue compensation from the at-fault driver. Typically, the first step toward recovery is to file an insurance claim against the at-fault driver’s auto insurance policy. However, it is essential to accurately determine fault for the incident before any steps toward recovery may be taken. Determining liability is often one of the most challenging aspects of a commercial vehicle accident claim. It is possible for the commercial vehicle driver to bear sole fault for an accident, but their employer could also absorb liability under certain circumstances. It is also possible for a third-party driver to bear fault for a commercial vehicle accident if their actions caused an accident with a commercial vehicle that, in turn, collided with your vehicle.

Proving fault in any personal injury claim requires establishing four basic elements of negligence:

1. Duty of care. The plaintiff must accurately identify the defendant and prove that they were expected to provide a duty of care in the situation in question. For example, all commercial vehicle drivers have a duty of care to operate their vehicles responsibly and adhere to all applicable safety regulations for their job duties.
2. Breach of duty. The plaintiff must then show how the defendant did not maintain their duty of care. This could be a specific action such as reckless driving, an intentional act of harm, or gross negligence. It is important to note that commercial vehicle drivers must adhere to a higher standard of care than individual passenger vehicle drivers.
3. Damage. A plaintiff may only file a personal injury claim if they suffered a measurable loss. The plaintiff and their Elk Grove commercial vehicle accident lawyer must provide a complete and accurate list of all of the plaintiff’s claimable damages.
4. Causation. The final element of negligence is proof that the plaintiff’s claimed damages directly resulted from the defendant’s negligence and not some other cause. Essentially, the plaintiff and their attorney must prove the claimed damages would not have occurred but for the defendant’s negligence.

Proving these four elements of negligence in an Elk Grove commercial vehicle accident claim typically requires proper analysis of physical evidence and eyewitness testimony. Some cases may demand input from expert witnesses like accident reconstruction experts and engineers. Hiring an experienced Elk Grove commercial vehicle accident lawyer is the best method of ensuring you can meet the standard of proof required to hold the defendant in your claim accountable for your damages.